by Elpidio R. Estioko
In California, the issue of loopholes in our criminal system surfaced when over the last several years something has been happening with the kids that is really troubling the community and the city government of San Jose.
Let’s figure this out because according to San Jose Mayor Matt Mahan, in his latest Dear Neighbor letter, some as young as 12 and 13 years old are being “pulled into violent crimes by adults who know exactly how to exploit our system. 1/3rd of all gang-related crimes is committed by youth here in San Jose.”
If this is true, it’s very alarming because our current juvenile laws make it easier for gangs to use children as weapons.
In his Dear Neighbor letter, Mayor Mahan mentioned that “right now in California, a juvenile under 18 cannot even waive their Miranda rights or speak with law enforcement unless an attorney signs off first. And predictably, attorneys always advise them to stay silent.”
This is very concerning and many parents and local leaders are worried about its impact on the community. It has to be addressed because if this is the case, it may also apply to kids in the state of Hawaii and other localities.
Because, when a 15- or 16-year-old is being manipulated by an older gang member, we can’t ask them to identify the adult. We can’t stop the recruitment, and we can’t stop the cycle. It’s a loophole that gangs understand better than most lawmakers.
At the same time, Mayor Mahan noted that our sentencing structure for juveniles is vague, inconsistent, and capped in ways that don’t match the seriousness of the crimes we’re seeing. It’s a mismatch, actually.
Furthermore, he stated that:
“Because today, even the most serious offenders often stay in the county juvenile hall – and here is the kicker: they must be released by 25. So, for example, if a person commits a horrific murder the day before his 18th birthday, and they’re tried in juvenile court, the longest they could be sentenced is seven years. No matter if they show remorse, no matter the nature of the crime, and no matter how much rehabilitation they demonstrate, their punishment is capped.”
And here’s the thing, transfer to adult court requires proving a young person is beyond rehabilitation which is an almost impossible standard to meet – even in homicide cases.
If they’re 13, and committed a serious crime, they may not enter a secure facility at all.
All these points to the fact that adult gang members exploit kids because the system treats those kids as low-risk, low-consequence tools. But it doesn’t have to be this way. In fact, it should not be. Something must be done!
Mayor Mahan thought that we could protect our kids by pursuing targeted common-sense reforms.
The reforms he is contemplating are three-fold: one, increase penalties for adults who recruit minors to commit crimes; second, allow officer to Mirandize juveniles – with an adult guardian present – so we can actually identify who is manipulating them; and thirdly, modernize juvenile sentencing so the most serious, violent offenders can be held longer and get real rehabilitation – not a revolving door.
With these proposed reforms, Mayor Mahan said these will address the loopholes in our criminal system. In addition, we are protecting our kids by making sure they have role models, after-school programming, and something productive to do on weekends and summers.
But Mayor Mahan said that he and the city council can’t do it alone. They need alliances and partners to do it plus of course with the help of the community.
He cited that the San Jose Youth Empowerment Alliance focuses on community-based programming and City-based intervention and neighborhood services.
This year, Mayor Mahan said, the city also partnered with the SJ Quakes to put on a pilot program called Saturday Nights Lights (SNL), which provides soccer coaching to kids at two East Side schools.
Mayor Mahan said this program saw actual results – 100% of 8th grade Futsal participants were promoted to high school, including 4 students who were at-risk of being held back, and school attendance went up 30% for program participants.
Mayor Mahan thanked Councilmember Candelas for helping the City to get this program funded this time around.
“I’m going to do my best to make sure that SNL is expanded in the coming year along with another after school program we currently support, the Bay Area Women’s Sports Initiative (BAWS), which harnesses the power of sports to reach young women and students with disabilities, and empower them to develop their leadership and life skills,” he said.
San Jose Sharks also make major investments in the community they call home. They put on numerous programs including Reading is Cool, Stick to Fitness, and a multitude of after school hockey clinics and training sessions.
Mayor Mahan said they need more partners like the Sharks and Earthquakes to join them in expanding programming for young people so there are always safe alternatives to the streets where kids can belong and thrive.
Mayor Mahan said young people deserve better alternatives and programs instead of throwing them into a judicial system that isn’t built to protect them… for the future of our city, our state and country.
Will Hawaii be receptive to this development? They should. We have everything to gain, nothing to lose, right?
ELPIDIO R. ESTIOKO was a veteran journalist in the Philippines and a multi-awarded journalist here in the US. His book Unlocking the Chain of Poverty: In Pursuit of the American Dream, is available at Amazon and Barnes & Noble. For feedback and comments, email the author at estiokoelpidio@gmail.com.
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